REPLY

(To Respondents' Position Paper dated 3rd September 2020)

COMPLAINANT, by counsel, to this Honorable Office, by way of

Reply to respondents' Position Paper dated 3rd September 2020, most
respectfully sets forth the following:

1. Complainant denies the allegation of the Respondents’ Position

Paper in paragraph 5 that complainant’s monthly salary is
P14,046.00 when he only receives P10,000 as his monthly salary
since he became a shop man for respondent ABC. As stated in
his Affidavit, herein quoted therewith:

“I, E, Filipino, single, of legal age and with residential

address at 123 Road, Magnolia Street, Malolos, Bulacan after
having been duly sworn to in accordance with law, do hereby
depose and say:

1. That I am working as a Shop Man of ABC Corporation, which is a

company engaged in retreading or recapping of tire services, with
office address in Malolos City, Bulacan;

2. That I started my work at the said Company as a helper in April 15,

2000, then as as shop man at the time of the filing of this affidavit;

3. That I am receiving a monthly salary of P10,000.00;

4. That on March 16, 2020, President Rodrigo R. Duterte announced a

total lockdown in the entire island of Luzon putting the main island of
Luzon under “Enhanced Community Quarantine.” After such
announcement, my manager, B, asked me to report to work the
following day, but I refused to report to work due to great fear that the
infectious COVID-19 will take a toll on my health;

5. That after the announcement from our company President, A, of a

proposal of a reduced workforce, I sent a text message to my manager
informing him of my plan to take a leave of absence due to great fear
of my health from the infectious COVID-19. My manager instructed
me to formally file my leave of absence at the HR Department, which
is headed by C;
6. That I have formally filed my leave of absence for one month through
C, who have formally acknowledged receipt of my leave of absence
and approved the same;

7. That after filing my leave, I went to my homeland province to return

to my family and spent my one month leave their. After the expiration
of my allowed leave, I planned to return to Malolos City, Bulacan to
report to work but I was stopped by the policemen manning the
checkpoint in the boundary of Bulacan and Pampanga and was denied
entry;

8. That I informed my manager of my denied entry in the province of

Bulacan and he told me that I cannot report to work anymore;

9. That after a week, or on April 23, 2020, I informed my manager that I

will report to work the following day because I was able to go inside
the province of Bulacan. However, he informed me of my dismissal in
the company;

10.That after having been informed of the dismissal, the manager asked
me to sign a document waiving all money claims against the company
to which I refused to sign;

11.That I reported to work the following day but the security guard won’t
let me inside the company premises;

12.That after being illegally dismissed, I have not received my separation

pay from the company. I asked helped from the HR Department to
give me my separation pay, 13th month pay, holiday pay, rest day pay
and backwages. However, my demand remained unheeded;

13. That because of the illegal and illicit acts of ABC Corporation, I was
forced to file a complaint before the Department of Labor and
Employment-National Labor Relations Commission and constrained
to acquire the services of a lawyer to litigate, prosecute and defend my
interests in this case;

14. That I deny the allegation of Respondents Position paper in

paragraph 6 that he voluntarily resigned from his work. I deny the
due execution/authenticity of the handwritten resignation later which
allegedly stated my resignation due to the desire to return to the
 province with my family upon request by my sick mother, apart from
the need to attend to our farm and my intention to take a much needed
rest.

15. That I also deny the allegation of Respondents’ Position Paper in

paragraph 6 that I never reported for work and could no longer be
located when in truth and in fact, after I took my leave of absence as I
needed to go to the province, I was thereafter not allowed by
Respondent to return back and report for work.

16. That I also deny the allegation of Respondents’ Position Paper in

paragraph 7 that stated that I resigned from work because I want to
receive a separation pay to use in settling and paying my numerous
obligations. I did not resign from work and was constructively
dismissed when I was not allowed to go back and report for work
after my leave of absence.

17. I also deny the allegation of Respondents’ Position Paper in

paragraph 7 which states that I received my 13th month pay from
Respondents. I had no receipt of this up to this date.

18.That I executed this affidavit to attest to the truthfulness of the

foregoing and to support for my Reply against ABC Corporation, Mr.
A, and Mr. C.”

19. Complainant is entitled to the payment of backwages and damages.

Due to the bad faith, malice, discriminatory, unfair and disdain acts of
Respondents as discussed above, it caused wounded feelings,
embarrassment, humiliation, emotional shock and sleepless nights to
Complainant entitling him of Moral Damages and Exemplary
Damages since dismissal was effected in wanton, oppressive, or
malevolent manner.

Settled is the rule that an employee who is

unjustly dismissed from work shall be entitled to
reinstatement without loss of seniority rights and
other privileges, and to his full backwages, inclusive
of allowances and to his other benefits or their
monetary equivalent computed from the time his
compensation was withheld up to the time of actual
reinstatement. If reinstatement is not possible,
however, the award of separation pay is proper.

In the case of Aliling v. Feliciano,

citing Golden Ace Builders v. Talde, the Court
explained:
 Thus, an illegally dismissed employee is
entitled to two reliefs: backwages and reinstatement.
The two reliefs provided are separate and distinct. In
instances where reinstatement is no longer feasible
because of strained relations between the employee
and the employer, separation pay is granted. In effect,
an illegally dismissed employee is entitled to either
reinstatement, if viable, or separation pay if
reinstatement is no longer viable, and backwages.

The normal consequences of respondents’ illegal

dismissal, then, are reinstatement without loss of
seniority rights, and payment of backwages computed
from the time compensation was withheld up to the
date of actual reinstatement. Where reinstatement is
no longer viable as an option, separation pay
equivalent to one (1) month salary for every year of
service should be awarded as an alternative. The
payment of separation pay is in addition to payment
of backwages.

The rest of the Respondents’ claims are mere conclusions of law without
factual basis in any material respect.

PRAYER

WHEREFORE, premises considered, it is hereby

respectfully prayed that this Reply to Respondents’ Position
Paper be duly given due credence and consideration. Further,
judgment be rendered in favor of the Complainant.

Finally, Complainant respectfully prays for such other

reliefs that this office may deem just and equitable under the
premises.

4th day of September 2020 at City of Malolos, Bulacan,

Philippines.

(sgd)MR. E

Complainant
Copy Furnished:
Atty. Ernesto Adriano III
Atty. Chloe Anne Sy Galita
Counsels for the Respondent
Bulacan State University
City of Malolos, Bulacan

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, MR. E, of legal age, single, and a resident of 123 Road, Magnolia

Street, Malolos, Bulacan under oath states that:

1. I am the Complainant in the instant case;

2. I have caused the preparation of the foregoing Reply to Respondents’
Position Paper;
3. That I have read and understood the contents thereof;
4. That the allegations therein are correct and true to the best of my
knowledge and belief and based on authentic records.

Done this 4th day of September 2020, City of Malolos, Bulacan.

(sgd)MR. E
Affiant
I.D. 1234567890
Issued on January 2020 at Malolos, Bulacan

SUBSCRIBED AND SWORN TO before me this 4th day of September

2020 in Malolos, Bulacan with the affiant showing me his competent
evidence of identity.

(sgd) ATTY. PEDRO T. SANTOS

Notary Public for Bulacan
Commission Serial No. 12345
Until Dec. 31, 2020
Doc. No. 011; Malolos, Bulacan
Page No. 002; Roll of Attorney No. 3456
Book No. 001; IBP Lifetime No. 241, 12-27-2009
Series of 2020. MCLE Compliance No. 17-2890